Revised July 2012
FREQUENTLY ASKED QUESTIONS
FAMILY COURT MEDIATION PROGRAM
Question: What is mediation?
Answer: Mediation is a private, voluntary process in which parties meet with a neutral third
party who will help them work through conflicts and come to an agreement on
issues in their case. Success of the mediation depends on the participants’
willingness to work cooperatively to reach an agreement. Participants can
expect mediation sessions to last up to two (2) hours.
Question: What does a mediator do?
Answer: A mediator helps people discuss issues, explore options to settle conflicts, and
resolve differences in order to reach a final agreement on matters before the
court. The mediator is a neutral third party, which means he or she cannot take
sides in your case.
Question: Who attends mediation sessions?
Answer: In addition to the mediator, only the two (2) people named on court documents as
the plaintiff and the defendant attend the mediation sessions. Your lawyer may
be available to consult with you before and after the mediation and to review any
agreement.
Question: What are the benefits of mediation?
Answer: 1. The outcome of a case is determined by the two (2) parties, not by a judge.
2. It is typically less costly than litigation.
3. It can be less time-consuming.
4. The process is private.
5. It can improve communication between parties.
6. It promotes cooperation in decision-making about children.
7. It can reduce conflict between parents, which benefits their children.
Question: Can we meet with a mediator before filing a case in Family Court?
Answer: If you DO NOT have a case pending in the Family Court yet, you and the other
party can meet with a private mediator to work out an agreement before you file
your case in the Family Court. The Rhode Island Mediators Association has
an online directory of local mediators with contact information. Visit
www.rimediators.org/directory, or call (401) 253-2458 for more information.
Revised July 2012
The Family Court employs skilled mediators, but you must have a case
pending before the court to use its mediation services. You will be referred
for mediation automatically if your case includes a motion to establish child
custody, parenting time, or placement of a child and if the parents of the child are
not married at the time of the filing. This is called a miscellaneous case, and the
case number will have an “M” at the end.
If your case involves divorce or a motion to change an existing court order, on
the day of your hearing you can ask the judge or magistrate to refer your case to
mediation. Likewise, if your miscellaneous case could not be scheduled for
mediation before your first hearing, you can ask the judge or magistrate to refer
your case to mediation.
Question: How are court mediation sessions scheduled?
Answer: New cases involving child custody, placement, and parenting time. The
court requires that new cases involving child custody, parenting time, and child
placement (such case numbers end with the letter “M”) shall be referred for
mediation. Family Court staff will move forward with scheduling a mediation
session for you as soon as they know that the defendant in the case has been
served with a summons and a copy of the complaint. The defendant is the
person who did NOT file papers with the court.
Soon after your miscellaneous complaint is filed in court, you will receive a letter
from the Mediation Unit asking you to call when the other party has been served.
NOTE: Proof of “Service of Process” is necessary. If you are the person
who filed a complaint with the court (the plaintiff), it is very important that you or
your attorney inform the court when you learn that a summons and copy of the
complaint were served to the other party. When the sheriffs or constables serve
those documents on the other party, they must fill out a “Proof of Service”
document on the other side of the summons. The Proof of Service form will be
sent to the plaintiff and then it must be returned to the Domestic Relations Clerk’s
Office immediately.
When the Mediation Unit sees that service of process is complete and proof has
been returned to the court, staff will schedule a mediation session. Notification of
the mediation date will be sent to you, the other party, and any attorneys involved
in the case. Mediation referrals are treated like court orders, so your attendance
at the mediation session is required.
Mediation referrals from a judge or magistrate. Sometimes a judge or
magistrate will refer your case to mediation on the day of your court date. If that
happens, you and the other party may be directed to meet with an available
mediator. If a mediator is not immediately available, your case will be referred to
the Mediation Unit to schedule a future session.
Revised July 2012
Question: Where are mediations held?
Answer: In Providence/Bristol County cases, scheduled mediation sessions are held in
the Mediation Unit (Suite 3A) on the third floor of the Family Court in the J.
Joseph Garrahy Judicial Complex in Providence. Mediations that take place on
the day of your court hearing sometimes take place near your courtroom on the
fifth floor.
If your case will be heard in Kent County, Washington County, or Newport
County, mediations taking place on the day of your hearing will take place at your
county courthouse. If you live in Kent County, Washington County, or Newport
County and have a mediation session scheduled on a day when you are not
expected to be in court, it is possible that you will be required to attend mediation
at a different courthouse.
Question: Do I need a lawyer?
Answer: You should consult with an attorney when possible. Lawyers help their clients
understand the law, make informed decisions, prepare orders for the judge’s
signature, and complete the legal procedures necessary to protect your legal
interests. Lawyers typically do not attend mediation sessions, but may be
available to their clients before, during, and after the mediation.
Question: What should I do if there is domestic abuse in my case and I have
questions about mediation?
Answer: If you have experienced domestic abuse and wish to have your case mediated,
safe mediation is possible with precautions. If needed, the court may schedule
separate arrival and departure times for you and the other party. The mediator
can also meet with each person individually in separate rooms.
If your case has been referred to mediation and you would like the mediator to
put safety measures in place for your session, please contact the Mediation Unit
((401) 458-5032) in advance.
Question: May a mediator give legal advice?
Answer: Only a lawyer may give you legal advice. A mediator cannot give legal advice
at any time and does not represent either party. The mediator only helps
mediation participants talk, explore issues, discuss possible solutions, and reach
an agreement.
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Question: What happens at the end of our mediation session?
Answer: The mediation process is typically completed after one (1) to three (3) sessions.
The parties may end a session with full agreement on all issues, a partial
agreement, no agreement, or a decision to continue mediating at another
session.
If you come to an agreement on the day of your mediation and you have an
attorney, you will review the terms of the agreement with your attorney. The
attorney will prepare a document called a “stipulation” which outlines the terms of
the agreement. It will be the attorney’s responsibility to submit the necessary
paperwork to put a court order in place.
If you come to an agreement but do not have an attorney, the mediator may
assist you and the other party in the preparation of a “Memorandum of
Understanding” or stipulation outlining the terms of your agreement. The
memorandum may be submitted to the court as an order.
If your agreement is approved by the judge or magistrate, it will be entered
as an enforceable order of the court. Your agreement is not binding until it is
approved by the judge or magistrate. Once the agreement is approved, the
judge or magistrate will require that you follow the terms of your agreement.
Question: What if we cannot agree on all issues?
Answer: Most mediations end with a full or partial agreement. Even if only a partial
agreement is reached through mediation, it still can help to narrow the issues and
limit the time and money spent on your case. If no agreement is reached, the
matter is referred to the trial calendar.
Question: Is a mediation agreement binding?
Answer: A mediation agreement is not binding until it is approved and signed by a judge or
magistrate; it then becomes an enforceable order.
Question: Why should I take the time to prepare for mediation?
Answer: To settle a case involving divorce, child custody, child placement, or parenting time,
you will need to participate in making a series of decisions. Those decisions may
affect your future finances, time with your children, care of your children, or support of
your children. By taking the time to think through the issues and gather important
papers, you can help the process move along more quickly. Preparation also will
help you remember all of the issues and details that are important to you when your
mediation takes place.
Revised July 2012
If you have a lawyer, he or she can help you decide what issues you need to think
about and what documents you should be bringing to mediation. Lawyers are
encouraged to meet with clients and prepare them before mediation begins, to be
available by telephone, and to be present or available after the mediation to discuss
any settlement. Your lawyer may send your assigned mediator important documents
and a short note summarizing your position before your session takes place.
Please see the following documents found on the Mediation Program home page
for further information: Preparing for mediation involving child custody or
placement; preparing for mediation involving divorce; and preparing for mediation
involving parenting time with your child.
If you have any questions before your mediation, please contact the Family Court
Mediation Unit at (401) 458-5032.
